CD CORR-OPIOID USE DISORDERS

Illinois General Assembly - Full Text of HB4708

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Full Text of HB4708

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HB4708 - 104th General Assembly

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HB4708 Engrossed
LRB104 20431 RLC 33895 b
1

AN ACT concerning criminal law.

2

Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:

4

Section 5.
The Unified Code of Corrections is amended by
5
changing Section 3-2-2 as follows:

6

(730 ILCS 5/3-2-2)
7

Sec. 3-2-2.
Powers and duties of the Department.
8

(1) In addition to the powers, duties, and
9
responsibilities which are otherwise provided by law, the
10
Department shall have the following powers:
11

(a) To accept persons committed to it by the courts of
12

this State for care, custody, treatment, and
13

rehabilitation, and to accept federal prisoners and
14

noncitizens over whom the Office of the Federal Detention
15

Trustee is authorized to exercise the federal detention
16

function for limited purposes and periods of time.
17

(b) To develop and maintain reception and evaluation
18

units for purposes of analyzing the custody and
19

rehabilitation needs of persons committed to it and to
20

assign such persons to institutions and programs under its
21

control or transfer them to other appropriate agencies. In
22

consultation with the Department of Alcoholism and
23

Substance Abuse (now the Department of Human Services),

HB4708 Engrossed
- 2 -
LRB104 20431 RLC 33895 b
1

the Department of Corrections shall develop a master plan
2

for the screening and evaluation of persons committed to
3

its custody who have alcohol or drug abuse problems, and
4

for making appropriate treatment available to such
5

persons; the Department shall report to the General
6

Assembly on such plan not later than April 1, 1987. The
7

maintenance and implementation of such plan shall be
8

contingent upon the availability of funds.
9

(b-1) To create and implement, on January 1, 2002, a
10

pilot program to establish the effectiveness of
11

pupillometer technology (the measurement of the pupil's
12

reaction to light) as an alternative to a urine test for
13

purposes of screening and evaluating persons committed to
14

its custody who have alcohol or drug problems. The pilot
15

program shall require the pupillometer technology to be
16

used in at least one Department of Corrections facility.
17

The Director may expand the pilot program to include an
18

additional facility or facilities as he or she deems
19

appropriate. A minimum of 4,000 tests shall be included in
20

the pilot program. The Department must report to the
21

General Assembly on the effectiveness of the program by
22

January 1, 2003.
23

(b-5) To develop, in consultation with the Illinois
24

State Police, a program for tracking and evaluating each
25

inmate from commitment through release for recording his
26

or her gang affiliations, activities, or ranks.

HB4708 Engrossed
- 3 -
LRB104 20431 RLC 33895 b
1

(b-10) To create and implement, on January 1, 2027, a
2

pilot program to establish the effectiveness of
3

long-acting injectable medications for opioid use
4

disorders when clinically appropriate for persons
5

committed to its custody who suffer from opioid use
6

disorders.
7

The pilot program shall provide long-acting injectable
8

medications for opioid use disorder, when clinically
9

appropriate, to not fewer than 3,000 individuals in the
10

custody of the Department and shall be implemented in at
11

least one Department facility. The Director may expand the
12

pilot program to include additional facilities and
13

participants as he or she deems appropriate.
14

The Department shall design and operate the pilot
15

program in accordance with established and nationally
16

recognized clinical guidelines, protocols, and standards
17

for the treatment of opioid use disorder using long-acting
18

injectable medications.
19

The pilot program shall be funded using opioid
20

settlement funds allocated to the Department. The
21

Department shall not commence implementation of the pilot
22

program unless and until sufficient opioid settlement
23

funds have been secured to fully implement the program and
24

to ensure that individuals participating in the pilot
25

program may receive the full course of treatment
26

clinically indicated.

HB4708 Engrossed
- 4 -
LRB104 20431 RLC 33895 b
1

The Department shall ensure that, prior to the release
2

of a person participating in the pilot program, the person
3

is connected to an appropriate provider or treatment site
4

in the geographic region in which the person will reside
5

after release, that an appointment for continued treatment
6

is scheduled with that provider or site, and that relevant
7

medical and treatment information is shared with the
8

receiving provider to support continuity of care.
9

The Department shall establish and publicly post
10

eligibility criteria and a selection process for
11

participation in the pilot program. Eligibility criteria
12

shall be based on clinical need, medical appropriateness,
13

and operational considerations, consistent with nationally
14

recognized clinical guidelines.
15

The Department shall ensure that participation in the
16

pilot program is offered in an equitable and transparent
17

manner across facilities. If the number of eligible
18

individuals exceeds program capacity, the Department shall
19

use a fair and objective selection methodology, which may
20

include prioritization based on clinical need or a
21

randomized selection process.
22

The Department shall document the basis for inclusion
23

or non-inclusion of eligible individuals and shall make
24

aggregate information regarding eligibility and selection
25

available to the General Assembly upon request.

26

The Department shall contract with an independent

HB4708 Engrossed
- 5 -
LRB104 20431 RLC 33895 b
1

research organization, public university, or other
2

qualified third-party evaluator to conduct an independent
3

evaluation of the pilot program. The evaluation shall
4

assess the effectiveness of the pilot program and shall
5

include, at a minimum, analysis of the following metrics
6

for individuals participating in the program:
7

(1) continuity of treatment for opioid use
8

disorder during incarceration and following release;
9

(2) post-release connection to community-based
10

treatment providers;
11

(3) rates of overdose, including fatal and
12

nonfatal overdose, following release;
13

(4) rates of re-arrest, re-incarceration, or other
14

recidivism outcomes;
15

(5) participant engagement with treatment and
16

recovery services following release;
17

(6) institutional safety indicators within
18

participating facilities; and
19

(7) the costs and cost-effectiveness of the pilot
20

program.
21

The Department shall provide the evaluator with access
22

to relevant program and administrative data necessary to
23

complete the evaluation, subject to applicable privacy
24

protections. The independent evaluator shall prepare a
25

report summarizing the findings of the evaluation and
26

shall submit the report to the Department and the General

HB4708 Engrossed
- 6 -
LRB104 20431 RLC 33895 b
1

Assembly no later than January 1, 2029.

2

(c) To maintain and administer all State correctional
3

institutions and facilities under its control and to
4

establish new ones as needed. Pursuant to its power to
5

establish new institutions and facilities, the Department
6

may, with the written approval of the Governor, authorize
7

the Department of Central Management Services to enter
8

into an agreement of the type described in subsection (d)
9

of Section 405-300 of the Department of Central Management
10

Services Law. The Department shall designate those
11

institutions which shall constitute the State Penitentiary
12

System. The Department of Juvenile Justice shall maintain
13

and administer all State youth centers pursuant to
14

subsection (d) of Section 3-2.5-20.
15

Pursuant to its power to establish new institutions
16

and facilities, the Department may authorize the
17

Department of Central Management Services to accept bids
18

from counties and municipalities for the construction,
19

remodeling, or conversion of a structure to be leased to
20

the Department of Corrections for the purposes of its
21

serving as a correctional institution or facility. Such
22

construction, remodeling, or conversion may be financed
23

with revenue bonds issued pursuant to the Industrial
24

Building Revenue Bond Act by the municipality or county.
25

The lease specified in a bid shall be for a term of not
26

less than the time needed to retire any revenue bonds used

HB4708 Engrossed
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LRB104 20431 RLC 33895 b
1

to finance the project, but not to exceed 40 years. The
2

lease may grant to the State the option to purchase the
3

structure outright.
4

Upon receipt of the bids, the Department may certify
5

one or more of the bids and shall submit any such bids to
6

the General Assembly for approval. Upon approval of a bid
7

by a constitutional majority of both houses of the General
8

Assembly, pursuant to joint resolution, the Department of
9

Central Management Services may enter into an agreement
10

with the county or municipality pursuant to such bid.
11

(c-5) To build and maintain regional juvenile
12

detention centers and to charge a per diem to the counties
13

as established by the Department to defray the costs of
14

housing each minor in a center. In this subsection (c-5),
15

"juvenile detention center" means a facility to house
16

minors during pendency of trial who have been transferred
17

from proceedings under the Juvenile Court Act of 1987 to
18

prosecutions under the criminal laws of this State in
19

accordance with Section 5-805 of the Juvenile Court Act of
20

1987, whether the transfer was by operation of law or
21

permissive under that Section. The Department shall
22

designate the counties to be served by each regional
23

juvenile detention center.
24

(d) To develop and maintain programs of control,
25

rehabilitation, and employment of committed persons within
26

its institutions.

HB4708 Engrossed
- 8 -
LRB104 20431 RLC 33895 b
1

(d-5) To provide a pre-release job preparation program
2

for inmates at Illinois adult correctional centers.
3

(d-10) To provide educational and visitation
4

opportunities to committed persons within its institutions
5

through temporary access to content-controlled tablets
6

that may be provided as a privilege to committed persons
7

to induce or reward compliance.
8

(e) To establish a system of supervision and guidance
9

of committed persons in the community.
10

(f) To establish in cooperation with the Department of
11

Transportation to supply a sufficient number of prisoners
12

for use by the Department of Transportation to clean up
13

the trash and garbage along State, county, township, or
14

municipal highways as designated by the Department of
15

Transportation. The Department of Corrections, at the
16

request of the Department of Transportation, shall furnish
17

such prisoners at least annually for a period to be agreed
18

upon between the Director of Corrections and the Secretary
19

of Transportation. The prisoners used on this program
20

shall be selected by the Director of Corrections on
21

whatever basis he deems proper in consideration of their
22

term, behavior and earned eligibility to participate in
23

such program - where they will be outside of the prison
24

facility but still in the custody of the Department of
25

Corrections. Prisoners convicted of first degree murder,
26

or a Class X felony, or armed violence, or aggravated

HB4708 Engrossed
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LRB104 20431 RLC 33895 b
1

kidnapping, or criminal sexual assault, aggravated
2

criminal sexual abuse or a subsequent conviction for
3

criminal sexual abuse, or forcible detention, or arson, or
4

a prisoner adjudged a Habitual Criminal shall not be
5

eligible for selection to participate in such program. The
6

prisoners shall remain as prisoners in the custody of the
7

Department of Corrections and such Department shall
8

furnish whatever security is necessary. The Department of
9

Transportation shall furnish trucks and equipment for the
10

highway cleanup program and personnel to supervise and
11

direct the program. Neither the Department of Corrections
12

nor the Department of Transportation shall replace any
13

regular employee with a prisoner.
14

(g) To maintain records of persons committed to it and
15

to establish programs of research, statistics, and
16

planning.
17

(h) To investigate the grievances of any person
18

committed to the Department and to inquire into any
19

alleged misconduct by employees or committed persons; and
20

for these purposes it may issue subpoenas and compel the
21

attendance of witnesses and the production of writings and
22

papers, and may examine under oath any witnesses who may
23

appear before it; to also investigate alleged violations
24

of a parolee's or releasee's conditions of parole or
25

release; and for this purpose it may issue subpoenas and
26

compel the attendance of witnesses and the production of

HB4708 Engrossed
- 10 -
LRB104 20431 RLC 33895 b
1

documents only if there is reason to believe that such
2

procedures would provide evidence that such violations
3

have occurred.
4

If any person fails to obey a subpoena issued under
5

this subsection, the Director may apply to any circuit
6

court to secure compliance with the subpoena. The failure
7

to comply with the order of the court issued in response
8

thereto shall be punishable as contempt of court.
9

(i) To appoint and remove the chief administrative
10

officers, and administer programs of training and
11

development of personnel of the Department. Personnel
12

assigned by the Department to be responsible for the
13

custody and control of committed persons or to investigate
14

the alleged misconduct of committed persons or employees
15

or alleged violations of a parolee's or releasee's
16

conditions of parole shall be conservators of the peace
17

for those purposes, and shall have the full power of peace
18

officers outside of the facilities of the Department in
19

the protection, arrest, retaking, and reconfining of
20

committed persons or where the exercise of such power is
21

necessary to the investigation of such misconduct or
22

violations. This subsection shall not apply to persons
23

committed to the Department of Juvenile Justice under the
24

Juvenile Court Act of 1987 on aftercare release.
25

(j) To cooperate with other departments and agencies
26

and with local communities for the development of

HB4708 Engrossed
- 11 -
LRB104 20431 RLC 33895 b
1

standards and programs for better correctional services in
2

this State.
3

(k) To administer all moneys and properties of the
4

Department.
5

(l) To report annually to the Governor on the
6

committed persons, institutions, and programs of the
7

Department.
8

(l-5) (Blank).
9

(m) To make all rules and regulations and exercise all
10

powers and duties vested by law in the Department.
11

(n) To establish rules and regulations for
12

administering a system of sentence credits, established in
13

accordance with Section 3-6-3, subject to review by the
14

Prisoner Review Board.
15

(o) To administer the distribution of funds from the
16

State Treasury to reimburse counties where State penal
17

institutions are located for the payment of assistant
18

state's attorneys' salaries under Section 4-2001 of the
19

Counties Code.
20

(p) To exchange information with the Department of
21

Human Services and the Department of Healthcare and Family
22

Services for the purpose of verifying living arrangements
23

and for other purposes directly connected with the
24

administration of this Code and the Illinois Public Aid
25

Code.
26

(q) To establish a diversion program.

HB4708 Engrossed
- 12 -
LRB104 20431 RLC 33895 b
1

The program shall provide a structured environment for
2

selected technical parole or mandatory supervised release
3

violators and committed persons who have violated the
4

rules governing their conduct while in work release. This
5

program shall not apply to those persons who have
6

committed a new offense while serving on parole or
7

mandatory supervised release or while committed to work
8

release.
9

Elements of the program shall include, but shall not
10

be limited to, the following:
11

(1) The staff of a diversion facility shall
12

provide supervision in accordance with required
13

objectives set by the facility.
14

(2) Participants shall be required to maintain
15

employment.
16

(3) Each participant shall pay for room and board
17

at the facility on a sliding-scale basis according to
18

the participant's income.
19

(4) Each participant shall:
20

(A) provide restitution to victims in
21

accordance with any court order;
22

(B) provide financial support to his
23

dependents; and
24

(C) make appropriate payments toward any other
25

court-ordered obligations.
26

(5) Each participant shall complete community

HB4708 Engrossed
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LRB104 20431 RLC 33895 b
1

service in addition to employment.
2

(6) Participants shall take part in such
3

counseling, educational, and other programs as the
4

Department may deem appropriate.
5

(7) Participants shall submit to drug and alcohol
6

screening.
7

(8) The Department shall promulgate rules
8

governing the administration of the program.
9

(r) To enter into intergovernmental cooperation
10

agreements under which persons in the custody of the
11

Department may participate in a county impact
12

incarceration program established under Section 3-6038 or
13

3-15003.5 of the Counties Code.
14

(r-5) (Blank).
15

(r-10) To systematically and routinely identify with
16

respect to each streetgang active within the correctional
17

system: (1) each active gang; (2) every existing
18

inter-gang affiliation or alliance; and (3) the current
19

leaders in each gang. The Department shall promptly
20

segregate leaders from inmates who belong to their gangs
21

and allied gangs. "Segregate" means no physical contact
22

and, to the extent possible under the conditions and space
23

available at the correctional facility, prohibition of
24

visual and sound communication. For the purposes of this
25

paragraph (r-10), "leaders" means persons who:
26

(i) are members of a criminal streetgang;

HB4708 Engrossed
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LRB104 20431 RLC 33895 b
1

(ii) with respect to other individuals within the
2

streetgang, occupy a position of organizer,
3

supervisor, or other position of management or
4

leadership; and
5

(iii) are actively and personally engaged in
6

directing, ordering, authorizing, or requesting
7

commission of criminal acts by others, which are
8

punishable as a felony, in furtherance of streetgang
9

related activity both within and outside of the
10

Department of Corrections.
11

"Streetgang", "gang", and "streetgang related" have the
12

meanings ascribed to them in Section 10 of the Illinois
13

Streetgang Terrorism Omnibus Prevention Act.
14

(s) To operate a super-maximum security institution,
15

in order to manage and supervise inmates who are
16

disruptive or dangerous and provide for the safety and
17

security of the staff and the other inmates.
18

(t) To monitor any unprivileged conversation or any
19

unprivileged communication, whether in person or by mail,
20

telephone, or other means, between an inmate who, before
21

commitment to the Department, was a member of an organized
22

gang and any other person without the need to show cause or
23

satisfy any other requirement of law before beginning the
24

monitoring, except as constitutionally required. The
25

monitoring may be by video, voice, or other method of
26

recording or by any other means. As used in this

HB4708 Engrossed
- 15 -
LRB104 20431 RLC 33895 b
1

subdivision (1)(t), "organized gang" has the meaning
2

ascribed to it in Section 10 of the Illinois Streetgang
3

Terrorism Omnibus Prevention Act.
4

As used in this subdivision (1)(t), "unprivileged
5

conversation" or "unprivileged communication" means a
6

conversation or communication that is not protected by any
7

privilege recognized by law or by decision, rule, or order
8

of the Illinois Supreme Court.
9

(u) To establish a Women's and Children's Pre-release
10

Community Supervision Program for the purpose of providing
11

housing and services to eligible female inmates, as
12

determined by the Department, and their newborn and young
13

children.
14

(u-5) To issue an order, whenever a person committed
15

to the Department absconds or absents himself or herself,
16

without authority to do so, from any facility or program
17

to which he or she is assigned. The order shall be
18

certified by the Director, the Supervisor of the
19

Apprehension Unit, or any person duly designated by the
20

Director, with the seal of the Department affixed. The
21

order shall be directed to all sheriffs, coroners, and
22

police officers, or to any particular person named in the
23

order. Any order issued pursuant to this subdivision
24

(1)(u-5) shall be sufficient warrant for the officer or
25

person named in the order to arrest and deliver the
26

committed person to the proper correctional officials and

HB4708 Engrossed
- 16 -
LRB104 20431 RLC 33895 b
1

shall be executed the same as criminal process.
2

(u-6) To appoint a point of contact person who shall
3

receive suggestions, complaints, or other requests to the
4

Department from visitors to Department institutions or
5

facilities and from other members of the public.
6

(u-7) To collaborate with the Department of Human
7

Services and other State agencies to develop and implement
8

screening and follow-up protocols for intake and reentry
9

personnel and contractors on identification and response
10

to Department-involved individuals who demonstrate
11

indications of past labor or sex trafficking
12

victimization, criminal sexual exploitation or a history
13

of involvement in the sex trade that may put them at risk
14

of human trafficking. Protocols should include assessment
15

and provision of pre-release and post-release housing,
16

legal, medical, mental health and substance-use disorder
17

treatment services and recognize the specialized needs of
18

victims of human trafficking.
19

(u-8) To provide statewide training for Department of
20

Corrections intake and reentry personnel and contractors
21

on identification and response to Department-involved
22

individuals who demonstrate indications of past
23

trafficking victimization or child sexual exploitation
24

that put them at risk of human trafficking.
25

(u-9) To offer access to specialized services for
26

Department-involved individuals within the care that

HB4708 Engrossed
- 17 -
LRB104 20431 RLC 33895 b
1

demonstrate indications of past trafficking victimization
2

or child sexual exploitation that put them at risk of
3

trafficking. As used in this subsection, "specialized
4

services" means
substance use

substance-use
disorder,
5

mental health, medical, case-management, housing, and
6

other support services by Department employees or
7

contractors who have completed victim-centered,
8

trauma-informed training specifically designed to address
9

the complex psychological
and
or physical needs of victims
10

of human trafficking, sexual exploitation, or a history of
11

involvement with the sex trade.
12

(v) To do all other acts necessary to carry out the
13

provisions of this Chapter.
14

(2) The Department of Corrections shall by January 1,
15
1998, consider building and operating a correctional facility
16
within 100 miles of a county of over 2,000,000 inhabitants,
17
especially a facility designed to house juvenile participants
18
in the impact incarceration program.
19

(3) When the Department lets bids for contracts for
20
medical services to be provided to persons committed to
21
Department facilities by a health maintenance organization,
22
medical service corporation, or other health care provider,
23
the bid may only be let to a health care provider that has
24
obtained an irrevocable letter of credit or performance bond
25
issued by a company whose bonds have an investment grade or
26
higher rating by a bond rating organization.

HB4708 Engrossed
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LRB104 20431 RLC 33895 b
1

(3.5) If the Department has a contract with a pharmacy
2
benefit manager or a contract with an insurance company,
3
health maintenance organization, limited health service
4
organization, administrative services organization, or any
5
other managed care entity or health insurance issuer where a
6
pharmacy benefit manager administers the provider's coverage
7
of, payment for, or formulary design for drugs necessary to
8
safeguard the minor's life or health, the contract with the
9
pharmacy benefit manager and the pharmacy benefit manager's
10
activities shall be subject to Article XXXIIB of the Illinois
11
Insurance Code and the authority of the Director of Insurance
12
to enforce those provisions. The provider shall have all the
13
rights of a plan sponsor under those provisions.
14

(4) When the Department lets bids for contracts for food
15
or commissary services to be provided to Department
16
facilities, the bid may only be let to a food or commissary
17
services provider that has obtained an irrevocable letter of
18
credit or performance bond issued by a company whose bonds
19
have an investment grade or higher rating by a bond rating
20
organization.
21

(5) On and after the date 6 months after August 16, 2013
22
(the effective date of Public Act 98-488), as provided in the
23
Executive Order 1 (2012) Implementation Act, all of the
24
powers, duties, rights, and responsibilities related to State
25
healthcare purchasing under this Code that were transferred
26
from the Department of Corrections to the Department of

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1
Healthcare and Family Services by Executive Order 3 (2005) are
2
transferred back to the Department of Corrections; however,
3
powers, duties, rights, and responsibilities related to State
4
healthcare purchasing under this Code that were exercised by
5
the Department of Corrections before the effective date of
6
Executive Order 3 (2005) but that pertain to individuals
7
resident in facilities operated by the Department of Juvenile
8
Justice are transferred to the Department of Juvenile Justice.
9

(6) The Department of Corrections shall provide lactation
10
or nursing mothers rooms for personnel of the Department. The
11
rooms shall be provided in each facility of the Department
12
that employs nursing mothers. Each individual lactation room
13
must:
14

(i) contain doors that lock;
15

(ii) have an "Occupied" sign for each door;
16

(iii) contain electrical outlets for plugging in
17

breast pumps;
18

(iv) have sufficient lighting and ventilation;
19

(v) contain comfortable chairs;
20

(vi) contain a countertop or table for all necessary
21

supplies for lactation;
22

(vii) contain a wastebasket and chemical cleaners to
23

wash one's hands and to clean the surfaces of the
24

countertop or table;
25

(viii) have a functional sink;
26

(ix) have a minimum of one refrigerator for storage of

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LRB104 20431 RLC 33895 b
1

the breast milk; and
2

(x) receive routine daily maintenance.
3
(Source: P.A. 103-834, eff. 1-1-25; 104-27, eff. 1-1-26;
4
104-159, eff. 1-1-26; revised 11-21-25.)

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